"Free software is great, and corporate America loves it. It's often high-quality stuff that can be downloaded free off the Internet and then copied at will. It's versatile - it can be customized to perform almost any large-scale computing task - and it's blessedly crash-resistant. A broad community of developers, from individuals to large companies like IBM, is constantly working to improve it and introduce new features. No wonder the business world has embraced it so enthusiastically: More than half the companies in the Fortune 500 are thought to be using the free operating system Linux in their data centers. But now there's a shadow hanging over Linux and other free software, and it's being cast by Microsoft. The Redmond behemoth asserts that one reason free software is of such high quality is that it violates more than 200 of Microsoft's patents."

so? let's bring this "war" on. God knows Amerika loves a good "war" (the war on drugs, the war on terror, the war on this AND that) - let's get this whole mess out in the open, and solved.
Keeping it swept under the rug, Victorian-style, only allows for the 'problem' to fester and get worse.
Start the suing - now. Let's get it over with.